Jones v. United States (99-5739) 
178 F.3d 479, reversed and remanded.


                   Stevens, J., concurring

             Supreme Court of the United States 



                      No. 99-5739 



        DEWEY J. JONES, PETITIONER v. UNITED STATES

        ON WRIT OF CERTIORARI TO THE UNITED STATES
         COURT OF APPEALS FOR THE SEVENTH CIRCUIT

                      [May 22, 2000]

    Justice Stevens, with whom Justice Thomas joins, concurring.

    Part II of the Courts opinion convincingly explains why its 
construction of 18 U.S.C.  844(i) better fits the text and context of 
the provision than the Governments expansive reading. It also seems 
appropriate, however, to emphasize the kinship between our 
well-established presumption against federal pre-emption of state law, 
see Ray v. Atlantic Richfield Co., 435 U.S. 151, 157 (1978), and our 
reluctance to "believe Congress intended to authorize federal 
intervention in local law enforcement in a marginal case such as this." 
United States v. Altobella, 442 F.2d 310, 316 (CA7 1971). The fact that 
petitioner received a sentence of 35 years in prison when the maximum 
penalty for the comparable state offense was only 10 years, Ind. Code 
35-43-1-1, 35-50-2-5 (1993), illustrates how a criminal law like this 
may effectively displace a policy choice made by the State. Even when 
Congress has undoubted power to pre-empt local law, we have wisely 
decided that "unless Congress conveys its purpose clearly, it will not 
be deemed to have significantly changed the federal-state balance." 
United States v. Bass, 404 U.S. 336, 349 (1971). For this reason, I 
reiterate my firm belief that we should interpret narrowly federal 
criminal laws that overlap with state authority unless congressional 
intention to assert its jurisdiction is plain.*



Notes

1. * See Landreth Timber Co. v. Landreth, 471 U.S. 681, 700, n. 2 (1985) 
(Stevens, J., dissenting); Bennett v. New Jersey, 470 U.S. 632, 654-655, 
n. 16 (1985) (Stevens, J., dissenting); Garcia v. United States, 469 
U.S. 70, 89-90 (1984) (Stevens, J., dissenting); Bell v. United States, 
462 U.S. 356, 363 (1983) (Stevens, J., dissenting); McElroy v. United 
States, 455 U.S. 642, 675 (1982) (Stevens, J., dissenting).



